Changeling
2018-05-28 11:12:46
- #1
We need to have a construction site access road built; without it, no construction vehicle can enter the property (difficult terrain; the access road will later also serve as the path to the house). This access road is not included in the contract with our general contractor [GÜ], so we have to build it entirely ourselves. However, support has been promised to us. The [GÜ] created a plan, based on which a tender was made and a company was commissioned to submit an offer. We awarded the contract accordingly.
It has now become apparent that various things were not taken into account: obstacles lying on the path such as trees, a piece of wall, a gas line, ... were missing in the plan/tender, and moreover, the soil is Z2, i.e., it must be disposed of expensively – the tender stated Z0, which means harmless soil masses. Meanwhile, the road construction is twice as expensive as initially estimated by the [GÜ]. We have a construction delay of one month and additional costs of €10,000 to €20,000 (not everything has been fully estimated yet). At least the delay and about €5,000 of that could have been avoided through proper planning; the rest would probably have arisen anyway – but it could, for example, have been financed from the start instead of having to refinance expensively now.
The planner from the [GÜ] obviously planned incorrectly and overlooked various things, but is not bound by any contract. We also said nothing because, on the one hand, we assumed the planner knew what he was doing, and on the other hand, at that time, we had no knowledge about soil conditions, etc. This raises the question for me: who is liable here? Can the planner or the [GÜ] still be held accountable?
If yes – can I wait with this until the house is finished? A friend said that the surest way to achieve a construction stop is through legal action... and I want to avoid that.
It has now become apparent that various things were not taken into account: obstacles lying on the path such as trees, a piece of wall, a gas line, ... were missing in the plan/tender, and moreover, the soil is Z2, i.e., it must be disposed of expensively – the tender stated Z0, which means harmless soil masses. Meanwhile, the road construction is twice as expensive as initially estimated by the [GÜ]. We have a construction delay of one month and additional costs of €10,000 to €20,000 (not everything has been fully estimated yet). At least the delay and about €5,000 of that could have been avoided through proper planning; the rest would probably have arisen anyway – but it could, for example, have been financed from the start instead of having to refinance expensively now.
The planner from the [GÜ] obviously planned incorrectly and overlooked various things, but is not bound by any contract. We also said nothing because, on the one hand, we assumed the planner knew what he was doing, and on the other hand, at that time, we had no knowledge about soil conditions, etc. This raises the question for me: who is liable here? Can the planner or the [GÜ] still be held accountable?
If yes – can I wait with this until the house is finished? A friend said that the surest way to achieve a construction stop is through legal action... and I want to avoid that.